Page 8 - The Vanderblue Team's Buyer's Guide
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Agency Relationships
The Agency Relationship is based on one person representing the
interests of another person. Real Estate agents are licensed by the state
to represent a person in the purchase or sale of a property.
The responsibility of the real estate agent is defined by the state law relating to agents, the
REALTORS® Code of Ethics, and general principles of agency law. The type of relationship formed
between the agent and the client is called a fiduciary relationship. The agent owes the following
duties to the client: Loyalty, Obedience, Diligence, Disclosure, Confidentiality, Accountability and
Reasonable Skill & Care.
Why Buyers should use a Buyer’s Agent:
A buyer’s agent acts solely on behalf of the buyer. A buyer’s agent has fiduciary duties to the buyer
which include reasonable care, undivided loyalty, confidentiality and full disclosure. Responsibilities of a
Buyer’s Agent include:
• Arrange property showings that meet the buyer’s interest
• Provide information about the home or property, community, schools, taxes, utilities, and zoning
• Disclose any information about the property that can be obtained by public sources
• Prepare a competitive market analysis on the property
• Counsel the buyer on what price to offer the seller
• Show what other buyers are paying for property in the area
• Assist in writing an offer with the buyer’s interest in mind
• Negotiate the best price and terms for the buyer
• Keep the price capabilities and objectives of the buyer confidential, and maintain anonymity
if desired
• Assist with the loan application process
• Monitor all dates, events, and requirements for the buyer
Why Sellers should use a Listing Agent:
A seller’s agent acts solely on behalf of the seller. A seller’s agent has fiduciary duties to the seller
which include reasonable care, undivided loyalty, confidentiality and full disclosure. Although a seller’s
agent does not represent the buyer, a seller’s agent must treat buyers honestly and fairly. A seller’s
agent must also disclose all material facts about the seller’s property that are known by the broker. A
seller’s agent must:
• Prepare a competitive market analysis of the seller’s home or property
• Develop and implement effective marketing strategies for the seller, including asking price,
staging, and positioning
• Inform the seller how much other homes and properties have sold for in the area
• Present all offers and counsel seller on what price to accept
• Negotiate exclusively on the seller’s behalf
• Update the seller on market conditions
• Prepare an estimate of closing costs
• Work closely with seller to assure a smooth closing
• Monitor all dates, events, and requirements for the seller
• Represent the seller’s interest at the buyer’s walk-through inspection
• Attend the closing with the seller